What is a Grant of Probate?
‘Probate’ is the general term for all the various legal and financial processes involved in dealing with the ‘estate’ left by someone after death. The estate includes assets, such as property, investments, savings, pensions and possessions and also any liabilities such as loans, credit cards and bills.
In order to begin the process, you will need to obtain a ‘Grant of Probate’. This is a Court order, which will appoint one or more people as ‘Personal Representatives’ granting them the authority to deal with the estate. The Personal Representatives can either handle the matter directly themselves, or appoint a solicitor to administer the estate for them. In most cases there will be a Will left by the deceased, leaving instructions on how they wish for the estate to be distributed amongst friends and family. It is it the responsibility of the Personal Representatives (or their solicitor) to carry out these wishes.
If they passed away without leaving a Will, you will instead need to apply for ‘Letters of Administration’. Whilst these letters serve much the same purpose as a Grant of Probate, the process of obtaining them is more difficult. Without a Will to name executors and wishes, the entire family tree must be investigated in detail to take any and all relatives into account and make contact appropriately. This may require employing Genealogists to locate and trace all family members.
When applying to the court for the Grant of Probate, you will need to supply a full valuation of the estate, including the value of any properties, bank accounts, investments and any other assets. If you are applying for the Grant by yourself, you will be required to attend a personal interview at the local Probate Registry and will need to be satisfied that you have carried out all the correct steps and obtained accurate valuations.
You are also able to instruct a solicitor to handle the Grant of Probate application for you, which we would be more than happy to assist with. Along with the application itself we would also prepare a full valuation of the estate, as well as writing a ‘Statement of Truth’ as part of our services, which would negate the requirement for you to attend any interview at the Probate Registry. We are also able to apply for Letters of Administration if necessary.
How Can Our Family Law Solicitors Help?
If you have any queries about any of the processes involved in administering the estate of someone who has passed away, please feel free to contact our offices and one of our specialist team will be happy to help.
If you know someone who has passed away, and feel that their wishes are not being carried out, or that their estate is being administered improperly, then our Dispute Resolution team may be able to help you further.
Alternatively, the following resources may prove useful in answering any queries you may have:
How to Make a Will
Making a Will is commonly associated as something you do in later life however, in reality anyone over the age of 18 can have a Will and we would strongly recommend it to anyone with children.
What happens to debt after someone dies?
When someone you love has passed away, the last thing you might be thinking about is debt. However, there are many misconceptions about debt and inheritance, and it is essential to understand your position.
Advice on Probate
We know how difficult it can be to lose a loved one and we would like to help you by covering some of the basics of dealing with probate.
Essential considerations when completing probate online
We know losing a loved one can be a very difficult and emotional time and that being an executor of a will is a big responsibility. This guide is essential reading if you are considering online probate.
Online Probate – is it always a viable option to take?
Earlier in the year it was announced that a new online service to apply for probate would be introduced. This meant that those applying for probate could do so from the comfort of their own home, potentially negating the need for involvement from a solicitor.
Proposed increase on probate fees scrapped
Following the announcement of the snap general election to take place on 8th June, the government has decided to scrap its plans to increase the legal fees due after a person has died. Having proposed a rise in probate fees in England and Wales to come into effect in May, which would have seen an increase from the current flat figures of £155 or £215 to as much as £20,000 for the most valuable estates, the Ministry of Justice announced in the second half of April that there was too little time for the legislation to go through parliament before the election.
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